How do I get custody of a grandchild?

If the grandparents want guardianship of their grandchildren and both parents withdraw their parental rights, they should file an injunction in court and hire a good family lawyer. Not all children can live with their parents due to some eventualities of life. On these occasions, it is the grandparents who can act as parents to their grandchildren, raising and educating them.

In Spain, on unusual and important occasions, the supreme court and the courts may grant guardianship of the children to the grandparents and strip the parents of parental authority. There must be strong evidence that neither parent is fulfilling the responsibilities related to parental rights, or that a situation is found against their child.

How can guardianship of grandchildren be obtained?

The care of grandchildren can only be had if both parents withdraw parental rights or both parents die. However, there are distinctions in which a magistrate gives custody to the grandparents, always protecting the interests of the children.

These cases must be based on very important and serious reasons such as the parents being absent, parental responsibilities, drug addiction or lastly, the parents being in prison.

When judicial custody is granted to grandparents, guardianship and guardianship agreements should always be established and provide for an extensive regime for the children to visit their parents and thus improve the relationship between parents and children.

Thus, the granting of parental authority to grandparents by the judge is to allow them to take care of their grandchildren, accompany them, provide them with education, represent them and manage their assets.

How do I apply for guardianship and conservatorship of a grandchild?

The procedure for grandparents to petition for guardianship and custody of their grandchildren is questionable because the Code of Civil Procedure does not clearly contemplate the family relationship between grandchildren and grandparents. Therefore, in these particularly unique and difficult situations, the most advisable would be to hire an attorney and file a guardianship suit, since the grandparents must appear before the court of first instance of the jurisdiction where the minor lives.

Another option would be an oral trial to seek custody from a third party other than the child's parent, but it is always necessary to demonstrate that the child's best interests are best served by granting custody to that family.

What evidence and documents must the grandparents provide?

A grandparent must provide several documents to make a guardianship application. This is sufficient to prove that the relationship with the grandchildren is in fact a guardianship relationship. The evidence and documents they would need are as follows:

• Marriage certificates of parents (if married).
• Child's birth certificate.
• Indicate that the children attend school.

And if necessary, a certification from the child's treating physician that the child is under the continuous care of the grandparents could also be provided. In this way, the grandparent and grandchild would jointly provide a certificate of registration, which would be very convenient.

The more evidence the better, since the goal of all of this is to convince the judge that it is in the best interest of the child for the grandparents to have custody of the grandchild.

If for some reason you were not granted guardianship, could you request the right to visit your grandchild?

Sometimes it is not possible to get custody of the grandchildren, but it is possible to see them if there is a problematic divorce, or if one of the spouses has a bad relationship with his or her former father-in-law. In these cases, the grandparents may be obliged to demand a visitation system for the children and to exercise this grandparental right for their grandchildren.

These visits are decided by the competent court of first instance. And, in general, the right to visit a child is granted unless the relationship between the grandchildren is detrimental to the child's physical and mental health and development. Even visitation for grandchildren and grandparents can be included in divorce settlements.

In addition, the psychosocial team of the court can be asked to report and decide on the ideal visitation regime for each case. This visitation system has to be adapted to the individual situation of the person in question, as it is not the same for a baby, a 5 year old child or a 14 year old child; each case is different. Thus, the agreed system may or may not include the overnight stay of the child at the grandparents' home or a progressive visitation regime.